Sorry if i was not clear in what i was saying. Without prejudice letters should be used when you are making an offer to the otherside or writing something that you do not want the court to see/take in to account. An offer does not have to be a offer for money it can be an offer to do something or reframe from doing something. In your case, it would most likely be for money to settle the matter before going further. but how much you can offer is of course down to your circumstances. So court my be the only option

Agreed. if a person can show that the docs that are being requested are necessary ie not abit of a fishing trip, are still in their possession and would have to be disclosed during standed disclosure. And the Creditor is refusing to send the docs, then I don't think that a DJ is really going to say that the creditor is behaving reasonable and will differ the order on costs

If you have opted for a stay and ticked mediation. It will be carried out via the National Mediation Helpline. They will be contacting you about it. All of the mediatation is Without prejudice and cannot be brought up at court later. The amount that they are claiming is below the £5k threshhold and so the total amount of costs that you will have to repay (if you lost) would only around £250-£350 (fixed costs). As to offers as you probably are aware always to write a letter Headed In Bold WITHOUT PREJUDICE SAVE AS TO COSTS. This means that the correspondance cannot be seen by the court ie privilaged. The only time you wouldn't do a W/P letter is a Part 36 Offer, which tactically can be a very effective weapon in litigation if used right. As the amount claimed is so low a Part 36 is not of any real benefit and your defence is a all or nothing one. Your A/Q is fine you dont pay a fee unless you have counter-claimed. The hearing will be more realistically be 2 hours and it will be always at your local court as you are an individual. Don't worry about filling all of it in or not giving directions. A copy of the A/Q should be sent to the otherside and visa versa. If you have not got one write to the court or to the other side for one. Any offers as stated above should be W/P and made clear that it is an W/P offer. A stay allows the parties to negoatiate a settlement in order to save the court's time and money. Go back to sols reject their offer and make a W/P counter-offer to settle. Remember in negotation start low. Think what is your red line amount is ie the max amount you are willing to give them to settle. Also note that if all the Caggers are right then even if you can't settle you should win as the agreemt is unenforceable.

i hope that PT will be successful in his PAD. But hope that he is aware that the he will most likely have to pay the other sides costs, if he wins or loses (see SES Contracting Ltd and Another v UK Coal PLC and others, Court of Appeal, Oct 2007) unless he can show that it was clearly unreasonable to oppose the application or where the mannor of the opposition was so unreasonable as to make it appropriate to bear all of both parties' costs A PAD is a application (so you do not use a N1 but a N244). it is a Pre-action application so the value of your claim does not matter and therefore what track the case will be heard in is not of concern. It application is made under CPR 31.16 but the underlying legislation is S.33(2) of the Supreme Court Act 1981. S.33 allows a PAD to be made against any party who is likely to be a part to subsequent proceedings. The Application form (N244) should be filed with a witness statement setting out why you should be granted the order. Your application form should state the following under Part A (2) "the Intended Defendant disclose X,Y and Z pursuant to the Civil Procedure Rule 31.16 (Pre-Action Disclosure)" Part A (3) "It would assist in the disposing of the Proceedings or provide good grounds for an appliaction for XXXXXX in relation to liability, and will save costs." Tick evidence in part C. On the back make reference to the witness statement marked eg WS1. The rule on how a witness statement should be written and in what format can be found in the CPR. The Witness statement must state why should should be granted the Order. You should it out in a chronological order the events ie the letters back and forth, your dispute etc. BUT YOU MUST state the following in the statement: 1. The Defendant will be party to the subsequest proceedings. 2. The claimant will be a party to those proceedings. 3. If started, the Defendants would be obliged to produce the docs- we know exist and the docs are highly material to the dipute. 4. The docs may assist to resolve the dispute b4 proceedings and/or it may provide a clear question of liability. 5. It may save time. 6. Evan if ambivalent it will provide an early and useful indication of the further steps neded in litigation ie cost-effecive and focussed litigation 7. You know that the document/s exist and that disclosure pre-action will lead to a considerable saving in cost and time for the court and parties in establishing if there is a claim or grounds for litigation. I hope this helps

I saw this thread exactly what i was looking for Is there a way of downloading Dualcalc, i have downloaded APR.exe and it is quiet good. But i found that didn't work that well on running credit accounts where you are working out the figures based on 12 months on min payment at X APR Does anyone know of one that works for credit cards/running accounts?